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1 This amount, cognizable by the Justice of the Peace Court, has been increased to P5,000
in R.A. 2613, enacted August 1, 1959.
651
VOL. 6, NOVEMBER 29, 651
1962
People vs. Paulin
The dismissal of the complaint was proper. A house is classified
as immovable property by reason of its adherence to the soil on
which it is built (Art. 415, par. 1, Civil Code). This classification
holds true regardless of the fact that the house may be situated
on land belonging to a different owner. But once the house is
demolished, as in this case, it ceases to exist as such and hence
its character as an immovable likewise ceases. It should be
noted that the complaint here is for recovery of damages. This
is the only positive relief prayed for by appellants. To be sure,
they also asked that they be declared owners of the dismantled
house and/or of the materials. However, such declaration in no
wise constitutes the relief itself which if granted by final
judgment could be enforceable by execution, but is only
incidental to the real cause of action to recover damages.
The order appealed from is affirmed. The appeal having been
admitted in forma pauperis, no costs are adjudged.
Bengzon, C.J., Padilla, Bautista
Angelo, Labrador, Concepcion, Reyes,
J.B.L., Barrera, Paredes, Dizon and Regala, JJ.,concur.
Order affirmed.
Note.—Buildings are considered immovable provided they
are substantially adhered to the land (Article 415, No. 1, Civil
Code), whether the building is built on one’s own land or on
rented land. It is obvious that the inclusion of the word
“building” as a separate and distinct enumeration from the
land in Article 415 of the Civil Code can only mean that a
building is by itself an immovable property (Lopez vs. Oroso,
Jr., et al., L-40817-1.8, Feb. 28, 1958; Associated Insurance &
Surety Co., Inc. v. lya, et al., L-10837-38, May 30, 1958). The
nature of a building does not depend on the way the parties
deal with it (Leung Yee v. Strong Machinery Co., 37 Phil. 644).
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